Bajaj Allianz General Insurance Co. Ltd. v. Nitin@Puna Namdev Bhoi And Others

1 fa 2190.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO. 2190 OF 2013 Bajaj Allianz General Insurance Co.

Ltd.

.. Appellant

Versus

Nitin @ Puna Namdev Bhoi and others .. Respondents WITH FIRST APPEAL NO. 2191 OF 2013 Bajaj Allianz General Insurance Co.

Ltd.

.. Appellant

Versus

Nitin @ Puna Namdev Bhoi and others .. Respondents WITH FIRST APPEAL NO. 2192 OF 2013 Bajaj Allianz General Insurance Co.

Ltd.

.. Appellant

Versus

Sanjay Namdev Bhoi and others .. Respondents Shri S. G. Chapalgaonkar, Advocate for the Appellant in all matters.

Ms. Sabahat T. Kazi, Advocate for Respondent Nos. 1 and 2 in all matters.

CORAM : S. V. GANGAPURWALA, J.

DATE : 25TH AUGUST, 2015.

2 fa 2190.13 PER COURT :

.

Mr. Chapalgaonkar, the learned counsel states that, subsequently, the petitions U/Sec. 166 of the Motor Vehicles Act filed by claimants have been decided and the present appellant/insurance company has been exonerated in the final order passed U/Sec. 166 of the M. V. Act. The original respondent Nos. 1, 2 and 3 are jointly and severally held liable to pay the compensation amount. The present appellant is original respondent No. 4 and is exonerated from any liability. The claimants, no doubt, would be entitled to recover the whole amount from original respondent Nos. 1, 2 and 3 of the claim petitions.

2.

The present appeals are only against order U/Sec. 140 of the M. V. Act. As final orders are already passed exonerating the present appellant, present appeals as such to the extent of present appellant stand allowed. The amount deposited be refunded to the appellant.

[ S. V. GANGAPURWALA, J. ] bsb/Aug. 15